Victims' Right to Proceeds of Crime Act, 1994, S.O. 1994, c. 39, Victims' Right to Proceeds of Crime Act, 1994
Victims’ Right to Proceeds of Crime Act, 1994
S.O. 1994, CHAPTER 39
Note: This Act was repealed on July 1, 2003. See: 2002, c. 2, ss. 17, 20.
Amended by: 1997, c. 23, s. 14; 1999, c. 6, s. 66; 2002, c. 2, s. 17; 2002, c. 24, Sched. B, s. 49.
Definitions
1. (1) In this Act,
“accused or convicted person” means a person accused or convicted of a crime; (“personne accusée ou déclarée coupable”)
“crime” includes an alleged crime; (“acte criminel”)
“related person” means, in relation to an accused or convicted person,
(a) an agent or other personal representative of the accused or convicted person,
(b) an assignee of the accused or convicted person,
(c) a spouse or same-sex partner or former spouse or same-sex partner of the accused or convicted person, and
(d) a person who has at any time been related to the accused or convicted person, whether by birth, adoption or marriage; (“personne liée”)
“same-sex partner” means either of two persons of the same sex who live together in a conjugal relationship outside marriage; (“partenaire de même sexe”)
“spouse” means,
(a) a spouse as defined in section 1 of the Family Law Act, or
(b) either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. (“conjoint”)
“victim” means a person who suffers injury within the meaning of the Compensation for Victims of Crime Act, harm or pecuniary loss as a direct result of a crime. (“victime”) 1994, c. 39, s. 1 (1); 1999, c. 6, s. 66.
Series of crimes
(2) A series of crimes shall be deemed to be a single crime for the purposes of determining a victim’s rights to payment and for the purposes of the administration by the Public Guardian and Trustee of money received. 1994, c. 39, s. 1 (2); 1997, c. 23, s. 14 (1).
Same
(3) The Public Guardian and Trustee shall determine, in his or her discretion, whether two or more crimes by an accused or convicted person constitute a series of crimes for the purposes of this Act. In making this determination, the Public Guardian and Trustee is not required to consider the interests of a person entitled to be paid under a contract described in section 2. 1994, c. 39, s. 1 (3); 1997, c. 23, s. 14 (1).
Applicable contract
2. (1) This section applies with respect to a contract under which money is to be paid to an accused or convicted person or to a related person,
(a) for the use of the recollections of the accused or convicted person respecting a crime;
(b) for the use of documents or other things in the possession at any time of the accused or convicted person that may be related to a crime;
(c) for an interview with the accused or convicted person or with a related person in which the person recounts matters respecting a crime;
(d) for an appearance by the accused or convicted person or by a related person, other than an appearance to address victims’ groups or incarcerated persons. 1994, c. 39, s. 2 (1).
Obligation to inform Public Guardian and Trustee
(2) Each party to a written contract shall give a copy of it to the Public Guardian and Trustee. Each of the parties to an oral contract shall reduce it to writing and give a copy to the Public Guardian and Trustee. 1994, c. 39, s. 2 (2); 1997, c. 23, s. 14 (1).
Payment to the Public Guardian and Trustee
(3) A person who is required under a contract to pay money to the accused or convicted person or to a related person shall pay it instead to the Public Guardian and Trustee. 1994, c. 39, s. 2 (3); 1997, c. 23, s. 14 (1).
Same
(4) If the accused or convicted person or a related person receives money under a contract, the person shall be deemed to hold the money in trust for the Public Guardian and Trustee and shall promptly pay it to the Public Guardian and Trustee. 1994, c. 39, s. 2 (4); 1997, c. 23, s. 14 (1).
Deemed compliance
(5) A person who pays money to the Public Guardian and Trustee under this section shall be deemed to have complied with the contract in connection with which the payment is made, to the extent of the payment to the Public Guardian and Trustee. 1994, c. 39, s. 2 (5); 1997, c. 23, s. 14 (1).
Offence
(6) A person who fails to comply with this section is guilty of an offence and upon conviction is liable to a fine not exceeding $50,000. 1994, c. 39, s. 2 (6).
Public Guardian and Trustee to hold funds
3. (1) The Public Guardian and Trustee shall hold the money he or she receives under section 2 in trust for the persons specified in this Act. 1994, c. 39, s. 3 (1); 1997, c. 23, s. 14 (1).
Fees and charges
(2) Section 8 of the Public Guardian and Trustee Act applies, with necessary modifications, with respect to money received by the Public Guardian and Trustee. 1994, c. 39, s. 3 (2); 1997, c. 23, s. 14 (1, 2).
List of payors, etc.
(3) The Public Guardian and Trustee shall make available to the public for inspection on request a list of persons who make payments relating to contracts, the payments received by the Public Guardian and Trustee and the name of the accused or convicted person in relation to whom the payments are made and received. 1994, c. 39, s. 3 (3); 1997, c. 23, s. 14 (1).
Notice to victims
4. (1) Upon first receiving money under section 2 relating to a crime, the Public Guardian and Trustee shall publish a notice in a newspaper of general circulation in the community in which the crime was committed or was alleged to have been committed indicating that the Public Guardian and Trustee has received money relating to the crime and advising victims of their rights under this Act. 1994, c. 39, s. 4 (1); 1997, c. 23, s. 14 (1).
Same
(2) Despite subsection (1), if the Public Guardian and Trustee is satisfied that he or she can contact all the victims of a crime otherwise than by advertising, the Public Guardian and Trustee may use whatever method he or she considers appropriate to notify the victims. 1994, c. 39, s. 4 (2); 1997, c. 23, s. 14 (1).
Same
(3) The Public Guardian and Trustee may give such further notice to victims as he or she considers advisable. 1994, c. 39, s. 4 (3); 1997, c. 23, s. 14 (1).
Advertising cost
(4) The cost of advertising to notify victims may be charged against the money received by the Public Guardian and Trustee. 1994, c. 39, s. 4 (4); 1997, c. 23, s. 14 (1).
Limitation period extended
5. Despite subsection 61 (4) of the Family Law Act and section 45 of the Limitations Act, a person who considers themself to be a victim may bring an action for the recovery of damages against an accused or convicted person if the person does so within five years after the date on which the Public Guardian and Trustee first receives money under section 2 in respect of the crime. 1994, c. 39, s. 5; 1997, c. 23, s. 14 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 is amended by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 49 by striking out “Despite subsection 61 (4) of the Family Law Act and section 45 of the Limitations Act”. See: 2002, c. 24, Sched. B, ss. 49, 51.
Application for payment
6. (1) A person who obtains judgment in an action against an accused or convicted person relating to a crime may apply to the Public Guardian and Trustee for payment of the amount of the judgment and costs from the money the Public Guardian and Trustee holds in trust. 1994, c. 39, s. 6 (1); 1997, c. 23, s. 14 (1).
Payment to victim
(2) The Public Guardian and Trustee shall pay the amount necessary to satisfy the award of judgment and costs in accordance with this section,
(a) if the Public Guardian and Trustee is satisfied that the person is a victim of a crime committed or alleged to have been committed by the accused or convicted person; and
(b) if the Public Guardian and Trustee has received money under section 2 relating or possibly relating to the crime. 1994, c. 39, s. 6 (2); 1997, c. 23, s. 14 (1).
Insufficient funds
(3) If the amount of the judgment and costs payable to all victims of a crime exceeds the amount of money held in trust in respect of the crime, the Public Guardian and Trustee shall distribute the money to the victims on a pro-rated basis. 1994, c. 39, s. 6 (3); 1997, c. 23, s. 14 (1).
Additional funds
(4) If the Public Guardian and Trustee receives additional money under section 2 after making a payment under this section, the Public Guardian and Trustee shall pay the additional money to the victim to the extent necessary to satisfy the award of judgment and costs. 1994, c. 39, s. 6 (4); 1997, c. 23, s. 14 (1).
Consequence of acquittal
(5) If the Public Guardian and Trustee is notified that a person accused of committing a crime has been acquitted while an application under this section is pending and if no further appeal of the acquittal is taken, the Public Guardian and Trustee shall not make any further payment otherwise required by this section. 1994, c. 39, s. 6 (5); 1997, c. 23, s. 14 (1).
Application for release of funds
7. (1) A person entitled to receive money under a contract referred to in section 2 may apply to the Public Guardian and Trustee for payment from the money the Public Guardian and Trustee holds in trust relating to the contract. 1994, c. 39, s. 7 (1); 1997, c. 23, s. 14 (1).
Payment
(2) The Public Guardian and Trustee shall pay the amount owing to the person under the contract in accordance with this section,
(a) if the Public Guardian and Trustee has paid the judgment and costs payable under section 6 to all victims of the crime who have applied for payment; and
(b) if the Public Guardian and Trustee is satisfied as to the entitlement of the person under under the contract. 1994, c. 39, s. 7 (2); 1997, c. 23, s. 14 (1).
Insufficient funds
(3) If the amount payable under all contracts relating to a crime to persons applying under this section exceeds the amount of money held in trust in respect of the crime, the Public Guardian and Trustee shall distribute the money to the applicants on a pro-rated basis. 1994, c. 39, s. 7 (3); 1997, c. 23, s. 14 (1).
Restriction on payments
8. (1) The Public Guardian and Trustee shall not make a payment under this Act relating to a crime until five years and six months have elapsed after the Public Guardian and Trustee first receives money under section 2 relating to the crime. 1994, c. 39, s. 8 (1); 1997, c. 23, s. 14 (1).
Exception
(2) A person who would be eligible to receive a payment from the Public Guardian and Trustee but for subsection (1) may apply to court, on notice to the Public Guardian and Trustee, to authorize a payment before the time provided in subsection (1). 1994, c. 39, s. 8 (2); 1997, c. 23, s. 14 (1).
Same
(3) Despite subsection (1), the court may authorize the payment if the court is satisfied that doing so is fair in the circumstances. 1994, c. 39, s. 8 (3).
Postponed payment
(4) The Public Guardian and Trustee, in his or her discretion, may postpone making any payment relating to a crime or a contract, other than a payment authorized under subsection (3), if the Public Guardian and Trustee has notice of an action against an accused or convicted person that has not been finally disposed of. 1994, c. 39, s. 8 (4); 1997, c. 23, s. 14 (1).
Notice
(5) The Public Guardian and Trustee shall be deemed not to have received notice of an action unless a party to the action gives the Public Guardian and Trustee a copy of the statement of claim. 1994, c. 39, s. 8 (5); 1997, c. 23, s. 14 (1).
Status of Public Guardian and Trustee
(6) The Public Guardian and Trustee shall not be made a party to an action for the sole purpose of enabling a person to make an application for payment under this Act. 1994, c. 39, s. 8 (6); 1997, c. 23, s. 14 (1).
Regulations
9. The Lieutenant Governor in Council may make regulations,
(a) governing applications under this Act and providing for application fees to be paid to the Public Guardian and Trustee;
(b) governing the payment of money under this Act;
(c) respecting such other matters as the Lieutenant Governor in Council considers advisable for the administration of this Act. 1994, c. 39, s. 9; 1997, c. 23, s. 14 (1).
10. Omitted (provides for coming into force of provisions of this Act). 1994, c. 39, s. 10.
11. Omitted (enacts short title of this Act). 1994, c. 39, s. 11.
